PROPOSALS to build 40 homes on an £8.5 million Lees estate have been turned down after an appeal.
Oldham Council originally said no to Wiggett Construction’s plan to construct the properties on land close to Maltby Court.
And an appeal to the Planning Inspectorate has also failed, with inspector Farooq Rafiq deeming it to be harmful to an area of Other Protected Open Land (OPOL).
Wiggett first applied for planning permission in July 2021 and the firm contended the finding of Oldham Council’s planning committee.
In its appeal, it stated the beauty of the area was subjective, has no historical significance, recreation value or richness of wildlife.
It also said: “The loss of this very small area of land, should be weighed against the wider benefits including ecological and landscape improvements to deal with invasive species and create a more habitat rich environment as well as the delivery of much needed family housing.”
However, Mr Rafiq sided with the authority as he believes the OPOL land would be more severely affected.
In his statement, he said: “It would inevitably lead to a reduction in the openness of the site, particularly in certain views such as from residential properties on Maltby Close
“It is evident that the proposal would result in a spatial and visual intrusion onto this OPOL area.
“Despite the appeal site forming a small part of the OPOL 11 designation, the development of 40 dwellings and associated infrastructure would cause a harmful visual intrusion to the green, undeveloped character of the appeal site.
“The proposed development would have a harmful effect on open space provision.
“This harm would be long lasting and is a matter I attribute substantial weight to. These adverse impacts would significantly and demonstrably outweigh the benefits of the scheme.”
In its case, Oldham Council believed the development, which would have included affordable housing, would have too big an effect on the area.
It stated: “The land provides valuable open space to the immediate community, whilst retaining a distinct local character.
“The proposal would not merely impinge on the development site, but also on the adjacent portions of OPOL to the immediate north and south.
“This will leave narrow tranches of land contained between the developed site and both Thornley Brook to the north and existing residential development to the south. The value of these adjoining open areas would similarly be diminished.
“The appellant’s statement describes the site misleadingly as overgrown. This is not an accurate description and instead the site is a naturally vegetated countryside site.”
Inspector Mr Rafiq conceded the inclusion of affordable housing, ‘would gain support’ and Wiggett has a track record of delivering schemes.
He also said Maltby Court would provide a new wildlife habitat and an overall biodiversity net gain, including improving the grassland, planting trees and removal of invasive species.
He also pointed to landscaping, footpaths, and a bridge that would improve accessibility to what is currently private land and make it available for recreation use.
But he added: “The full benefits of this scheme are dependent on a wider access network, and it is not clear how these would be delivered on land outside the appellant’s control.”
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